Carlsbad City Zoning Code
CHAPTER 21
54 PROCEDURES, HEARINGS, NOTICES AND FEES
§ 21.54.010 Review and approval/denial of applications.
A.
Permit Streamlining Act Compliance. The city shall comply with the requirements of the California Permit Streamlining Act (Title 7, Division 1, Chapter 4.5 of the California Government Code).
B.
Application Form.
1.
The City Planner shall prescribe the form of applications for the development permits or approvals and applications for changes in zone or general plan boundaries or classifications.
2.
The City Planner may prepare and provide application forms and shall prescribe the type of information to be provided with the application by the applicant.
3.
No application shall be accepted unless it is in the proper form and contains all required information.
C.
Signatures on Applications.
1.
All applications shall include the signatures of the owner(s) of the property affected or the authorized agent of the owner.
2.
If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the Planning Commission and the City Council.
D.
Applications as Part of Permanent Record. Applications filed pursuant to this title shall be numbered consecutively in the order of their filing, and shall become a part of the city's permanent official records, and there shall be attached thereto and permanently filed therewith copies of all notices and actions with certificates and affidavits of posting, mailing or publications pertaining thereto.
E.
Filing Fees. A fee in an amount established by City Council resolution shall be paid at the time of filing an application for a development permit for approval, or application for a change in zone or general plan boundaries or classifications. No application shall be accepted or deemed accepted until the appropriate fee or fees have been paid.
F.
Application Completeness.
1.
In accordance with Title 7, Division 1, Chapter 4.5, Article 3 of the California Government Code, applications shall be reviewed for completeness as follows:
2.
The City Planner shall consult with appropriate departments concerning the application and shall, within thirty days after the application has been filed with the city, determine in writing whether the application is complete and shall transmit the determination to the applicant.
3.
If the application is determined to be incomplete:
a.
The written determination shall specify those parts of the application which are incomplete and shall indicate the manner in which the application can be made complete, including a list and description of the specific information needed to complete the application.
b.
The applicant shall have six months from the date the application was initially filed to either resubmit the application or submit the information specified in the determination. Failure of the applicant to resubmit the application or to submit the materials in response to the determination within the six months shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn a new application must be submitted.
4.
Within thirty days of any resubmittal of an application or submittal of materials in response to a written determination of incompleteness, the City Planner shall determine in writing whether the application, together with the subsequently submitted materials, constitute a complete application and shall immediately transmit the determination to the applicant.
5.
If an application, together with the submitted materials, is determined by the City Planner to be incomplete, the applicant may appeal the decision in writing to the Planning Commission pursuant to Section 21.54.140. The applicant may also appeal the decision of the Planning Commission to the City Council pursuant to Section 21.54.150.
a.
The city shall make a final written determination on the appeal not later than sixty calendar days after the receipt of the applicant's written appeal of the City Planner's decision.
6.
Failure by the city to meet the time limits specified in this section shall cause the application to be deemed complete.
7.
Nothing in this section precludes an applicant and the city from mutually agreeing to an extension of any time limit provided in this section.
G.
Time Limits for Approval or Denial of Development Permits. The city shall approve or disapprove a development permit application within the time limits specified in Title 7, Division 1, Chapter 4.5, Article 5 of the California Government Code, unless an extension of time is mutually agreed to by the applicant and city pursuant to Government Code Section 65957.
H.
Permit Streamlining Act not Applicable to Legislative Actions. The time limits specified in subsections F and G of this section do not apply to legislative actions and likewise do not apply to development permit applications that include legislative changes in applicable general plans, zoning ordinances or other controlling land use legislation.
(Ord. 9060 § 2000; Ord. 9760 § 15, 1985; Ord. NS-675 §§ 56—58, 76, 2003; Ord. CS-164 § 10, 2011; Ord. CS-178 § CV, 2012)
§ 21.54.040 Decision-making authority for multiple development permits.
A.
For purposes of this section, "development permit" means any permit, entitlement or approval required pursuant to Title 20 or 21 of this code, or pursuant to any applicable master, specific, or redevelopment plan.
B.
For purposes of this section, "City Planner" shall be interchangeable with "City Engineer" and "Housing and Neighborhood Services Director," and "City Council" shall be interchangeable with "Housing and Redevelopment Commission."
C.
When multiple development permits are processed concurrently for a proposed project, the decision-making authority for all such development permits shall be as follows:
1.
The City Planner shall have the authority to approve, conditionally approve or deny, on all concurrently processed development permits, provided that such permits do not include a development permit that requires a decision from the Planning Commission or City Council.
2.
The Planning Commission shall have the authority to approve, conditionally approve or deny, on all concurrently processed development permits that:
a.
Include a development permit that has been appealed to the Planning Commission in accordance with Section 21.54.140; or
b.
Include a development permit that requires a decision from the Planning Commission; and that
c.
Does not include a development permit that requires a decision from the City Council.
3.
The City Council shall have the authority to make a decision on all concurrently processed development permits that:
a.
Include a development permit that has been appealed to the City Council in accordance with Section 21.54.150 of this title; or
b.
Include a development permit that requires a decision from the City Council.
D.
Except for appeals, the City Council shall first receive a recommendation from the Planning Commission prior to making a decision on all concurrently processed development permits.
(Ord. 9060 § 2003; Ord. 9220 § 1, 1968; Ord. 9568 § 5, 1980; Ord. 9760 § 16, 1985; Ord. CS-178 § CV, 2012)
§ 21.54.050 Setting of hearing.
A.
All proposals for amending zone or general plan boundaries or classifications, or for the granting of any development permit or approval requiring a hearing as provided in this title shall be set for hearing by the City Planner when such hearings are to be held before the Planning Commission and by the City Clerk for hearings to be held before the City Council. Conditional uses in the coastal zone shall be subject to the requirements of this chapter and the additional requirements of Chapter 21.201 as applicable.
B.
The city shall approve or disapprove a project within the time limits specified in California Government Code Sections 65950, 65950.1, 65951, or 65952, unless an extension of time is mutually agreed to by the applicant and city as provided in Government Code Section 65957.
C.
The time limits specified in this section and in Section 21.54.010 above do not apply to legislative actions and likewise does not require that permit applications be deemed approved if not acted on within the statutory period when such permit applications would require legislative changes in applicable general plans, zoning ordinances or other controlling land use legislation.
(Ord. 9060 § 2004; Ord. 1256 § 10, 1982; Ord. 9760 § 17, 1985; Ord. NS-365 § 12, 1996; Ord. CS-079 § VI, 2010; Ord. CS-178 § CV, 2012)
§ 21.54.060 Notices of applications and hearings.
A.
Noticing of Public Hearings.
1.
When a provision of this code requires notice of a public hearing to be given pursuant to this subsection, at least ten calendar days prior to the public hearing, notice of the hearing shall be given in all of the following ways:
a.
Notice by Mail. Mailed or delivered to:
i.
The owner of the subject real property or the owner's duly authorized agent:
ii.
The project applicant and/or the applicant's representative;
iii.
Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected by the project;
iv.
All owners of real property as shown on the latest equalized assessment roll within six hundred feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, records of the county assessor or tax collector that contain more recent information than the assessment roll may be used. If the number of owners to whom notice would be mailed or delivered pursuant to this subparagraph is greater than one thousand, in lieu of mailed or delivered notice, notice may be given by placing a display advertisement of at least one-eighth page in at least two newspapers of general circulation within the city.
v.
All occupants within one hundred feet of the subject property and the area office of the California Coastal Commission (applicable to coastal development permits only).
vi.
Any person who has filed a written request for notice with the City Clerk. The City Clerk shall charge a fee established by City Council resolution which is reasonably related to the costs of providing this service. Each request shall be annually renewed.
b.
Published or Posted Notice. Unless newspaper advertisement is provided pursuant to Section 21.54.060.A.iv, the public hearing notice shall either be:
i.
Published pursuant to California Government Code Section 6061 in at least one newspaper of general circulation within the city at least ten calendar days prior to the hearing; or
ii.
Posted at least ten calendar days prior to the hearing in at least three public places in the city, including one public place in the area directly affected by the proceeding.
2.
When a provision of this code requires notice of a public hearing to be given pursuant to this subsection, notice shall be published pursuant to California Government Code Section 6061 in at least one newspaper of general circulation within the city at least ten calendar days prior to the hearing.
B.
Noticing of Administrative Permits.
1.
When a provision of this code requires notice of an application pursuant to this subsection, at least ten calendar days prior to a decision on the application, written notice shall be given as follows:
a.
Notice by Mail. Mailed or delivered to:
i.
The owner of the subject real property or the owner's duly authorized agent;
ii.
The project applicant and/or the applicant's representative;
iii.
All owners of real property as shown on the latest equalized assessment roll within three hundred feet of the real property that is the subject of the administrative permit; or all owners within one hundred feet for minor coastal development permits only. In lieu of utilizing the assessment roll, records of the county assessor or tax collector that contain more recent information than the assessment roll may be used. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than one thousand, in lieu of mailed or delivered notice, notice may be given by placing a display advertisement of at least one-eighth page in at least two newspapers of general circulation within the city.
iv.
All occupants within one hundred feet of the subject property, and to the area office of the California Coastal Commission. This requirement applies to minor coastal development permits only.
v.
Any person who has filed a written request for notice with the City Clerk. The City Clerk shall charge a fee established by City Council resolution which is reasonably related to the costs of providing this service. Each request shall be annually renewed.
2.
Once notice has been given in accordance with Section 21.54.060.B.1, any person may file written comments or a written request to be heard within ten calendar days of the date of the notice. If a written request to be heard is filed, the City Planner shall:
a.
Schedule an administrative hearing; and
b.
Provide written notice at least five calendar days prior to the date of the administrative hearing to the owner of the subject real property or the owner's duly authorized agent, the project applicant and/or applicant's representative, and any person who filed written comments or a written request to be heard.
3.
The noticing requirements specified in Section 21.54.060.A shall apply if an administrative permit is processed concurrently with a permit, entitlement, or action that requires a public hearing.
(Ord. 9060 § 2005; Ord. 9428 § 1, 1975; Ord. 9536 § 1, 1979; Ord. 9758 § 15, 1985; Ord. NS-44 § 1, 1988; Ord. NS-365 § 13, 1996; Ord. CS-178 § CV, 2012)
§ 21.54.061 Content of notice.
A.
The notice given pursuant to Section 21.54.060 shall include the date, time and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or diagram, of the location of the real property if any, that is the subject of the hearing.
B.
However, within the coastal zone such notice shall contain the following additional information:
1.
A statement that the development is within the coastal zone;
2.
The date of filing of the application and the name of the applicant;
3.
The number assigned to the application;
4.
A brief description of the general procedure of local government concerning the conduct of hearing and local actions;
5.
The system for local and Coastal Commission appeals, including any local fees required, expressly stating whether the matter is appealable to the Coastal Commission.
C.
Notice given pursuant to Section 21.54.060.B shall include a statement that an administrative hearing shall be held upon written request.
(Ord. 9758 § 16, 1985; Ord. NS-365 § 14, 1996; Ord. CS-178 § CV, 2012)
§ 21.54.063 Failure to receive notice.
The failure of any person or entity to receive notice given pursuant to this chapter shall not constitute grounds for any court to invalidate the action for which the notice is given. If a decision-making body receives substantial evidence that notice has not been given as required by this chapter, then the decision-making body may continue the matter for hearing after proper notice has been given.
(Ord. 9758 § 18, 1985)
§ 21.54.064 Applicant's responsibilities.
The applicant for any action requiring a notice of public hearing or notice of administrative permit pursuant to the provisions of Section 21.54.060 of this title shall provide the city with public notification materials (i.e. radius map, mailing list and labels as specified by the City Planner) and notice mailing fee equal to the current postage rate to cover the cost of mailing the notice.
(Ord. 9758 § 19, 1985; Ord. CS-102 § CIII, 2010; Ord. CS-164 § 10, 2011; Ord. CS-178 § CVII, 2012)
§ 21.54.080 Investigations.
The Planning Commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon an application set for hearing that will assure action on each case consistent with the purpose of this title, previous amendments or variances.
(Ord. 9060 § 2007)
§ 21.54.090 Rule establishment for conduct of hearings.
The Planning Commission may establish rules governing the conduct of public hearings conducted by it.
(Ord. 9060 § 2008)
§ 21.54.100 Hearing continuance without public notice.
If, for any reason, testimony on any case set for public hearing cannot be completed on the date set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing will be continued, and no further notice is required. However, if a decision on a matter set for public hearing is continued by the decision-making body to a time which is not announced at the hearing to be continued to a time certain, the city shall provide notice of the further hearings or action on the proposed development in the same manner and within the same time limits as established in Sections 21.54.060 and 21.54.061.
(Ord. 9060 § 2009; Ord. NS-365 § 15, 1996; Ord. NS-675 § 59, 2003)
§ 21.54.110 Permanent files shall include summary of testimony.
A summary of all pertinent testimony offered at public hearings held in connection with an application filed pursuant to this ordinance, and the names of persons testifying shall be recorded and made a part of the permanent files of the case.
(Ord. 9060 § 2010)
§ 21.54.120 Announcement of decision and findings of fact.
A.
When a decision is made pursuant to this title an announcement of the decision and findings of fact shall be provided when:
1.
Pursuant to Section 21.54.060 of this chapter, a public notice was provided for the associated application; or
2.
Notice of such decision is required to be provided pursuant to this section.
B.
The decision-making body shall announce its decision in writing as follows:
1.
The City Planner shall announce his/her decision and findings by letter.
2.
The Planning Commission shall announce its decision and findings by formal resolution.
3.
The City Council shall announce its decision and findings (if applicable) by formal resolution or ordinance.
C.
The announcement of decision and findings shall include:
1.
A statement that the permit is approved, conditionally approved, or denied;
2.
The facts and reasons which, in the opinion of the decision-making body, make the approval or denial of the permit necessary to carry out the provisions and general purpose of this title;
3.
Such conditions and limitations that the decision-making body may impose in the approval of the permit.
D.
The announcement of decision and findings shall be mailed to:
1.
The owner of the subject real property or the owner's duly authorized agent, the project applicant and/or the applicant's representative at the address or addresses shown on the application filed with the planning division;
2.
Any person who has filed a written request for a notice of decision;
3.
Any person who filed a written request for an administrative hearing or to be heard at an administrative hearing.
(Ord. 9379 § 2, 1974; Ord. NS-44 § 2, 1988; Ord. NS-365 § 16, 1996; Ord. CS-178 § CVIII, 2012)
§ 21.54.125 Amendments to development permits.
A.
For purposes of this section, "development permit" means any permit, entitlement or approval required pursuant to Title 21 of this code, or pursuant to any applicable master, specific, or redevelopment plan.
B.
Any approved development permit may be amended by following the same procedure required for the approval of said development permit (except that if the City Council approved the original permit, the Planning Commission shall have the authority to act upon the amendment), and upon payment of the application fee contained in the most recent fee schedule adopted by the City Council.
C.
If an approved development permit was issued pursuant to the provisions of Section 21.54.040 of this title, any amendment to said permit shall be acted on by the decision-making authority that approved the original permit, except that if the city council approved the original permit, the planning commission shall have the authority to act upon the amendment.
D.
In granting an amendment, the decision-making authority may impose new conditions and may revise existing conditions.
(Ord. CS-178 § CIX, 2012; Ord. CS-432, 9/27/2022)
§ 21.54.130 Restriction on reapplication after denial.
No application for a zone change, general plan amendment, planned development, variance, conditional use permit, site development plan, specific plan, master plan or other permit, or any amendment to a previously issued permit or plan shall be accepted if a substantially similar application has been finally denied within one year prior to the application date. The City Planner shall determine if the subsequent application is substantially similar to the previously denied application. The effective date of the City Planner's decision and method for appeal of such decision shall be governed by Section 21.54.140 of this code.
(Ord. 9744 § 1, 1984; Ord. NS-675 §§ 60, 76, 2003; Ord. CS-164 § 10, 2011)
§ 21.54.140 Effective date of order-Appeal of City Planner or Housing and Neighborhood Services Director decisions.
A.
This section shall apply to those decisions or determinations of the City Planner or Housing and Neighborhood Services Director made pursuant to this title or City Planner determinations pursuant to Title 19 or Title 20. Accordingly, in this section, "Housing and Neighborhood Services Director" shall be interchangeable with "City Planner"; "housing and neighborhood services department" shall be interchangeable with "planning division"; and "Community Development Commission" shall be interchangeable with "City Council."
B.
Whenever the City Planner is authorized, pursuant to this title, Title 19, or Title 20 to make a decision or determination, such decision or determination is final and effective when the City Planner's written determination is mailed or otherwise delivered to the person(s) affected by the determination, whichever time is least restrictive. Within ten calendar days of the date that a decision or determination becomes final, a written appeal may be filed with the City Planner by an interested person. An individual member of the City Council can be an interested person for purposes of the appeal. Filing of such an appeal within such time limits shall stay the effect of the decision or determination of the City Planner until such time as the Planning Commission has acted on the appeal. The appeal shall specifically state the reason or reasons for the appeal. The burden of proof is on the appellant to establish by substantial evidence that the grounds for the requested action exist. Grounds for appeal shall be limited to the following: that there was an error or abuse of discretion on the part of the City Planner in that the decision was not supported by the facts presented to the City Planner prior to the decision being appealed; or that there was not a fair and impartial hearing. Fees for filing an appeal under this section shall be established by resolution of the City Council.
C.
Upon the filing of an appeal, the City Planner shall schedule the appeal for hearing before the Planning Commission as soon as practicable. An appeal shall be heard and noticed in the same manner as was required of the determination or decision being appealed. The appeal hearing before the Planning Commission is de novo; however the Planning Commission shall consider only the evidence presented to the City Planner for consideration in the determination or decision being appealed. The Planning Commission shall determine all matters not specified in the appeal have been found by the City Planner and are supported by substantial evidence. The Planning Commission may affirm, modify, or reverse the decision of the City Planner, and make such order supported by substantial evidence as it deems appropriate, including remand to the City Planner with directions for further proceedings. The Planning Commission action on an appeal shall be final unless appealed to the City Council, pursuant to the provisions of Section 21.54.150.
(Ord. 9807 § 2, 1986; Ord. NS-176 § 7, 1991; Ord. NS-352 § 5, 1996; Ord. NS-506 § 6, 1999; Ord. NS-675 § 61, 2003; Ord. CS-099 § IV, 2010; Ord. CS-102 § CIV, 2010; Ord. CS-164 §§ 10—12, 2011; Ord. CS-178 § CX, 2012; Ord. CS-199 § 4, 2013)
§ 21.54.150 Effective date of order-Appeal of Planning Commission decisions.
(a)
This section shall apply to those decisions or determinations of the Planning Commission made pursuant to this title or Title 19. Accordingly, in this section, "Housing and Neighborhood Services Director" shall be interchangeable with "City Planner"; "housing and neighborhood services department" shall be interchangeable with "planning division"; and "Community Development Commission" shall be interchangeable with "City Council."
(b)
Whenever the Planning Commission is authorized pursuant to this title or Title 19 to make a decision or determination, such decision or determination is final and effective upon the adoption of the resolution or decision. Within ten calendar days of the date that a decision or determination becomes final, a written appeal may be filed with the City Clerk. An individual member of the City Council can be an interested person for purposes of the appeal. Filing of such an appeal within such time limits shall stay the effect of the decision or determination of the Planning Commission until such time as the City Council has acted on the appeal as set forth in this title. The appeal shall specifically state the reason or reasons for the appeal. The burden of proof is on the appellant to establish by substantial evidence that the grounds for the decision or determination exist. Grounds for appeal shall be limited to the following: that there was an error or abuse of discretion on the part of the Planning Commission in that the decision was not supported by the facts presented to the Planning Commission prior to the decision being appealed; or that there was not a fair and impartial hearing. Fees for filing an appeal under this section shall be established by resolution of the City Council.
(c)
Upon the filing of an appeal, the City Clerk shall schedule the appeal for hearing before the City Council as soon as practicable. An appeal shall be heard and noticed in the same manner as was required of the determination or decision being appealed. The appeal hearing before the City Council is de novo; however the City Council shall consider only the evidence presented to the Planning Commission for consideration in the determination or decision being appealed. The City Council shall determine all matters not specified in the appeal have been found by the Planning Commission and are supported by substantial evidence. The City Council may affirm, modify, or reverse the action of the Planning Commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the Planning Commission with directions for further proceedings. Any action by the City Council shall be final and conclusive; provided, however, that any action reversing the decision of the Planning Commission shall be by the affirmative vote of at least three members of the City Council.
(d)
Upon receipt of a written appeal to the City Council filed with the City Clerk, the City Clerk shall advise the City Planner who shall transmit to said clerk the Planning Commission's complete record of the case.
(Ord. NS-675 § 62, 2003; Ord. CS-099 § V, 2010; Ord. CS-102 § CV, 2010; Ord. CS-164 §§ 10—12, 2011; Ord. CS-199 § 5, 2013)